What is the effect of scheduling a probation revocation hearing in advance of trial?

California, United States of America


The following excerpt is from People v. Coleman, 120 Cal.Rptr. 384, 13 Cal.3d 867, 533 P.2d 1024 (Cal. 1975):

As we turn to fashioning the details of the relief to be accorded defendant through our supervisory powers, it is important to emphasize that no third party's rights are among the constitutional interests demanding accommodation at a pretrial probation revocation hearing. Where third parties' rights are involved the accommodation of conflicting interests in concurrent legal proceedings may not be so easy as is here the case. (Cf. Gordon v. Federal Deposit Insurance Corporation, supra, 427 F.2d at p. 580.) The only problem to be resolved in the instant case is the danger of abuse by the state of its opportunity to coerce self-incriminatory [13 Cal.3d 889] testimony by scheduling the probation revocation hearing in advance of trial. Both the state and the probationer have an interest in resolving the probation issue while the evidence is fresh, but this consideration applies equally to the concurrent criminal proceedings to which both the state and the probationer are also party. We see no reason why the state should be encouraged to schedule revocation hearings in advance of trial as a matter of course [533 P.2d 1042] [120 Cal. Rptr. 402] by being allowed to use at trial the testimony of the defendant at a prior probation revocation hearing.

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